American Tort Reform Association Releases Annual Analysis of Toughest Jurisidictions

Posted on December 28, 2009 by Sean Wajert

The year end brings all manner of lists. The latest ranking of America's "most unfair jurisdictions" in which to be sued has been revealed in the American Tort Reform Foundation's Judicial Hellholes® 2009/2010 report.  South Florida is this year's top “judicial hellhole,” reclaiming a title that it lost in 2008 to West Virginia.  According to the American Tort Reform Association, "Judicial Hellholes" are places where judges systematically apply laws and court procedures in an inequitable manner, generally against defendants in civil lawsuits. In this eighth annual report, ATRF shines the spotlight on six areas of the country that it says have developed unenviable reputations. 

#1 SOUTH FLORIDA
South Florida is listed for its medical malpractice claims, tobacco lawsuits, and large verdicts, according to ATRF. Florida is listed as one of the few states that allow those who drive under the influence of alcohol or drugs to sue the automobile manufacturer for failing to prevent their injuries by designing a safer car, while hiding from the jury the driver's responsibility for the crash.

#2 WEST VIRGINIA
West Virginia is listed due to the state's unique lack of appellate review; elected judges' hostility to out-of-state corporations; unusual trial practices; and the novel, liability-expanding decisions of its high court, according to the Association. 

# 3 COOK COUNTY, ILLINOIS
Cook County is Illinois' center of litigation, hosting 65 percent of the state's lawsuits.  

# 4 ATLANTIC COUNTY, NEW JERSEY

Atlantic County has been identified as a Judicial Hellhole since 2007 in large part because it serves as a center for mass tort actions, often directed at one of the state's own economic generators, pharmaceutical manufacturers, says the Association. Ninety-three percent of plaintiffs in New Jersey's pharmaceutical mass torts come from outside the state.

# 5 NEW MEXICO APPELLATE COURTS
# 6 NEW YORK CITY
 

WATCH LIST
Beyond the Judicial Hellholes, this report calls attention to several additional jurisdictions that ATRF says also bear watching, including California, Alabama, and Jefferson County, Mississippi.

The Report also highlights good news for defendants, including the recommendation of an independent commission established by West Virginia Gov. Manchin that the state establish an intermediate appellate court and provide litigants with a right to an appeal; the Maryland Court of Appeals decision limiting non-economic damages in all civil claims, preventing plaintiffs' lawyers from circumventing the law by characterizing personal-injury lawsuits as consumer protection actions;  Arizona's enactment of medical liability reform;  Oklahoma's passage of a comprehensive tort reform package; and the Texas legislature's resistance to trial lawyer efforts to roll back the substantial progress made in the state in recent years. 
 

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ATRA Report Details Current Tort Reform Battles

Posted on May 20, 2008 by Sean Wajert

In recent years, tort reform efforts have achieved some measure of success, particularly in limiting compensatory and punitive damages, in restricting joint and several liability, regulating class actions, and in reforming venue rules which had concentrated mass tort cases in certain "judicial hellholes" or "magic" jurisdictions.

Where are today's tort reform battlegrounds?  The American Tort Reform Association has issued a report detailing the plaintiff bar's attempts to roll back tort reform successes, and to expand civil liability.  The report is entitled, "Defrocking Tort Deform: Stopping Personal Injury Lawyers From Repealing Existing Tort Reforms And Expanding Rights To Sue In State Legislatures."

The report notes key current issues including:

  • Explicitly Authorizing New Types Of Lawsuits
  • Setting The Stage For Implied Causes Of Action
  • Deputizing/Hiring Private Lawyers To Sue On Behalf Of The State
  • Inflating Limitations On Damage Awards
  • Broadening The Scope Of Consumer Laws
  • Extending Statutes of Limitations/Repose

The report warns that, "Plaintiffs’ lawyers are not only threatening to undo recent progress towards a more stable and predictable civil justice system, but also to expand liability in a drastic
and unprecedented manner. The personal injury bar and its allies are well organized, well funded, and have teamed up with their members and supporters in state legislatures. Rather than play defense, as they have over the past two decades by seeking to overturn rational tort reform measures in the courts, they are now on the offensive with a massive legislative and public relations campaign."

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